HomeMy WebLinkAboutOrdinance No. 96-08 �. .�., • , • .
ORDINANCE NO. 9 6-s
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 85-22, AS AMENDED, ORIGINALLY ADOPTED THE
23RD DAY OF SEPTEMBER, 1985, AND BEING AN ORDINANCE
GRANTING TO TEXAS-NEW MEXICO POWER COMPANY THE RIGHT,
PRIVILEGE AND FRANCHISE TO CONDUCT AN ELECTRIC UTILITY
BUSINESS WITHIN THE CITY, BY STRIKING ALL OF SECTION 7
THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 7;
PROVIDING FOR PAYMENT TO THE CITY, AS CONSIDERATION FOR
USE OF THE CITY'S STREETS, EASEMENTS, AND RIGHTS-OF-WAY, AN
AMOUNT EQUAL TO TWO PERCENT (2%) OF THE GROSS RECEIPTS
FROM THE SALE OF ELECTRICITY WITHIN THE CITY; AND
PROVIDING OTHER MATTERS RELATING TO THE SUBJECT.
* * * * �
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS;
Section 1. City of Friendswood, Texas, Ordinance No. 85-22, as amended, originally
adopted the 23rd day of September, 1985, and being an ordinance granting to Texas-New
Mexico Power Company the right, privilege and franchise to conduct an electric utility business
within the City, is hereby further amended by striking therefrom all of Section 7, which provides
as follows:
f Section 7. The Grantee shall report and pay during January, April, July, and
October of each year during the term of this franchise ordinance a street rental
equal to three per cent (3%) of the gross receipts of the sale of electricity only
for residential and commercial electric service, as classified by Grantee's tariff
schedules, within the corporate limits of the City for the next preceding three
months' period. The charge herein made shall be in lieu of, to the extent
permitted by law, any other charges or fees of any kind by the City based on,
connected with, or incident to the exercise of the nonexclusive right, privilege,
and franchise herein granted, but shall not interfere with collection of ad valorem
taxes by the City.]
and substituting therefor a new Section 7 to provide as follows:
. - , ...�.. .... , . •� .
"Section 7. The Grantee shall report and pay durin Jg anuarv, April,
July, and October of each�ear durin� the term of this franchise ordinance a street
rental equal to two per cent (2%) of the gross receipts of the sale of electricity
only for residential and commercial electric service, as classified by Grantee's
tariff schedules, within the corporate limits of the City for the next preceding
three-month period. The charge herein made shall be in lieu of, to the extent
permitted bv law, any other charges or fees of anv kind bv the City based on,
connected with, or incident to the exercise of the nonexclusive ri�privile�
and franchise herein granted, but shall not interfere with collection of ad valorem
taxes by the Citv."
Section 2. This amendment to City of Friendswood, Texas, Ordinance No. 85-22 shall
take effect the first day of May 1996, and the provisions hereof shall be implemented by Grantee
as of such date, or as soon thereafter as reasonably practicable, subject to acceptance hereof by
Grantee, which acceptance shall be evidenced by the filing by Grantee with City Secretary the
following:
"To the City of Friendswood, Texas:
"The Company for itself, its successors and assigns, hereby accepts the
above and foregoing Ordinance, same being an amendment to City of
Friendswood, Texas, Ordinance No. 85-22, and agrees to be bound by all of its
terms and provisions.
. Texas-New Mexico Power Company
By: Kennv R. Koncabe
DATED the 17 t h day of A p r i 1 , 1996."
Section 3. No provision of said City of Friendswood, Texas, Ordinance No. 85-22 shall
be deemed amended, revised, or otherwise affected hereby except as specifically provided in
Section 2 hereof.
PASSED AND APPROVED on first reading this 18 th day of March , 1996.
PASSED AND APPROVED on second reading this 1 s t day of Ap r i 1 , 1996.
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PASSED, APPROVED, AND ADOPTED on third and final reading this 15th day of
April , 1996.
�
Evely B. Ne an
Mayor
ATTEST:
.
Delons McKenzie, C
City Secretary
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To the City of Friendswood, Texas:
The Company for itself, its successors and assigns, hereby accepts the above and
foregoing ordinance, same being an amendment to City of Friendswood, Texas, Ordinance No.
85-22, and agrees to be bound by all of its terms and provisions.
Texas-New Me�cico Power Company
By:
DATED the ��day of � , 1996. '
THE STATE OF TEXAS � §
§
COUNTIES OF HARRIS AND GALVESTON §
I, Deloris McKenzie, the duly appointed, qual�ed and acting City Secretary of the City
of Friendswood, Texas, hereby certify that the above and foregoing Acceptance was received
and filed in the office of the City Secretary of the City of Friendswood, on the L�day of
L�P�i'L , 1996.
. �
Deloris McKenzie, C
. City Secretary
City of Friendswood, Texas